ed

No Benefits for Worker Allegedly Injured in Stairwell Mishap

The Missouri Court of Appeals upheld the denial of a worker’s claim for benefits for a knee injury allegedly caused by his misstep while descending a flight of stairs. Case: Fernandez…




ed

Worker Can't Proceed With Civil Suit Against Statutory Employer

A Missouri appellate court ruled that a worker could not proceed with a civil suit against a company that qualified as his statutory employer. Case: Montgomery v. Coreslab Structures (Missouri) Inc.,…




ed

Employer Can Schedule 2nd IME With New Doctor but Must Prove Reasonableness

The Idaho Supreme Court ruled that an employer is not required to use only one physician to evaluate a discrete injury, but it has the burden of proving the reasonableness of…




ed

High Court Holds That Commission Did Not Err in Assessment of Worker's Credibility

Although the Idaho Industrial Commission erred in several credibility findings, the remainder of its determinations finding that an injured worker was not a reliable witness were supported by substantial and…




ed

DWC Updates Hospital, ASC Fee Schedule

The California Division of Workers’ Compensation on Friday announced additional changes to the hospital outpatient department and ambulatory surgical centers section of the Official Medical Fee Schedule to align with…




ed

Vocational School Officials Charged in SJDB Fraud Case

The owner of a vocational school in Los Angeles was charged with fraud for billing carriers for services not provided and allegedly paying illegal kickbacks to vocational counselors for referrals,…




ed

CHP Arrests Former Officer for Suspected Fraud

The California Highway Patrol announced that a former officer was arrested Tuesday on suspicion of workers’ compensation fraud. Jordan Lester, 44, filed a work comp claim in July 2021 and was…




ed

Amended Bill Would Allow Employers to Deny Time Off for 'Business Necessity'

California employers could deny an injured worker’s request for time off to get medical treatment for business necessity, under a recently amended bill. Sen. John Laird, D-Santa Cruz, on Monday amended…




ed

Legislature Sends to Governor Proposed Pay Raise for Fraud Investigators

The California Legislature passed a bill that would increase salaries for Insurance Department fraud investigators. The Senate on Aug. 26 voted 32-7 to pass AB 2872, which had not been amended…




ed

Statute of Limitations Bars Worker's Medical Malpractice Claim

An injured worker’s 2023 medical malpractice action was time-barred because more than three years had passed since she underwent the physical therapy that allegedly caused the additional injuries, a California…




ed

DWC Opens Registration for 32nd Annual Educational Conference

The California Division of Workers’ Compensation opened registration for its 32nd annual Educational Conference that will be held in March. The conference is the largest work comp training event in the…




ed

Court Revives Worker's Claims for FEHA Violation, IIED

A California appellate court revived a worker’s claims against his employer for harassment and intentional infliction of emotional distress. Jose Rivera worked for FSC Corp. at Il Pastaio restaurant in Beverly…




ed

DWC Updates DMEPOS Fee Schedule

The California Division of Workers’ Compensation posted an order updating the fee schedule for durable medical equipment, prosthetics, orthotics and supplies for the fourth quarter. The division said it adopted Medicare’s…




ed

WCIS Upgrade Slated for October

The California Division of Workers’ Compensation announced that its Workers’ Compensation Information System will undergo an upgrade in October. The division said WCIS will receive an internal system update and secure…




ed

Andrea Coleman to Succeed Bill Mudge as WCIRB President, CEO

The Workers’ Compensation Insurance Rating Bureau of California announced that Andrea Coleman will succeed Bill Mudge as president and CEO next year. Andrea Coleman Coleman’s promotion will take effect Feb. 1,…




ed

WCIRB Reports Increase in Average Charged Rates

Average charged rates increased in the first six months of 2024, suggesting recent rate declines are flattening, the Workers’ Compensation Insurance Rating Bureau of California said in its latest quarterly…




ed

DWC Adopts Medicare Changes to Hospital, ASC Fee Schedule

The California Division of Workers' Compensation posted an order updating the hospital outpatient department and ambulatory surgical centers section of the Official Medical Fee Schedule. The division in October posted an…




ed

Twice-Convicted Fraudster Charged in Alleged $100M Scheme

A man convicted of fraud in two separate cases 15 years apart and who was kicked out of California's workers' compensation system seven years ago is facing new fraud charges…




ed

Vocational School Owner Charged With Fraud

The California Department of Insurance announced that the owner of a private vocational school was charged with 11 felonies for allegedly submitting fraudulent bills to work comp carriers and failing…




ed

WCRI Finds Medical Payments 10% Below Median in Golden State

The Workers Compensation Research Institute reports that average medical payments per claim in California were 10% below the median of a 17-state study. California saw little change in payments per claim…




ed

CHP Captain Arrested for Alleged Comp Fraud

The California Highway Patrol announced that a former captain was arrested on suspicion of workers' compensation insurance fraud and theft. Matthew Stover, 51, was arrested without incident in Folsom Thursday on…




ed

CWCI: Drop in Opioid Prescriptions More Pronounced in Comp

Declines in opioid use among injured workers exceeded the decline among the overall population from 2017 to 2023, the California Workers' Compensation Institute reports. CWCI said data from the state's Controlled…




ed

Court Upholds Finding of Partial Disability, Remands Dispute of Claimed Overpayment

The Michigan Court of Appeals ruled that a worker was partially disabled by carpal tunnel syndrome and the Workers’ Disability Compensation Appeals Commission should address whether she received an overpayment…




ed

Contractor Has Immunity From Civil Liability to Injured Worker

A federal appellate court ruled that a contractor who hired a crane company’s services was immune from civil liability for injuries suffered by an employee of the crane company. Case: Hall v.




ed

Federal Court Again Rules Contractor Has Immunity From Worker's Claim

A federal appellate court has again ruled that a contractor was immune from civil liability for injuries suffered by an employee of a crane company it hired. Case: Hall v. SAC…




ed

Report: Man Accused of Selling Insurance Without License

The owner of a Georgia tax preparation business was charged with 23 counts of insurance fraud and two counts of deceptive practices for allegedly selling workers’ compensation insurance without being…




ed

Employer Entitled to Dismissal of Worker's Retaliation Claim

The 11th U.S. Court of Appeals ruled that the City of Atlanta was entitled to summary judgment dismissing an injured worker’s retaliation claims against it. Case: Fripp v. City of Atlanta,…




ed

Tire Maker Fined $271,930 for Fatal Injury

Federal workplace safety inspectors fined a tire maker in Georgia $271,930 for safety violations allegedly uncovered during the investigation of a fatal accident. Steven Brookins, 57, died April 10 at a…




ed

Vehicle Qualifies as Uninsured if Exclusivity Prevents Worker From Recovery

The Oklahoma Supreme Court ruled that if a worker is injured as a passenger in an employer-owned vehicle, and workers’ compensation exclusivity precludes a recovery under the automobile liability policy, the…




ed

Lawmakers Approve 2024 Fee Schedule

The Oklahoma Workers’ Compensation Commission announced that state lawmakers have approved the updated 2024 Medical Fee Schedule. The state House of Representatives voted 94-1 to pass House Joint Resolution 1035 in…




ed

Last-Leg Amazon Delivery Workers Can't Be Compelled to Arbitrate Claims

A divided Oklahoma Supreme Court ruled that two workers employed by a local delivery contractor for Amazon Inc. could not be compelled to arbitrate their workers’ compensation retaliation claims. Case: Mathis…




ed

ATF Medical Names Katherine Nelson VP of National Sales

ATF Medical appointed Katherine Nelson to serve as vice president of sales. Katherine Nelson Nelson will be based in Las Vegas and oversee the company’s efforts to market mobility and accessibility…




ed

Federal Court Says it Lacks Jurisdiction Over Petition Filed Day Too Late

A federal appellate court ruled that it had no jurisdiction over a petition for review of a denial of survivor’s benefits under the Black Lung Benefits Act filed one day…




ed

AppliedVR Names Michael Marsau Executive Director, Workers' Compensation

AppliedVR appointed Michael Marsau as its executive director of workers’ compensation. Michael Marsau Marsau is overseeing the launch of the company’s flagship RelieVRx prescription therapeutic into the workers’ compensation market, the…




ed

Federal Court Upholds Worker's Award of Black Lung Benefits Despite ALJ's Evidentiary Mistake

A federal appellate court upheld an award of black lung benefits to a coal industry employee despite the administrative law judge’s evidentiary error. Case: Coastal Coal Co. LLC v. Harrison, No.




ed

Court Finds Eye Doctor Illegally Fired Worker Who Reported COVID Violations

The U.S. Department of Labor announced that the federal court for the Northern District of New York found that an ophthalmologist and his practice illegally fired a worker who complained…




ed

Federal Court Creates Circuit Split on Liability for Black Lung Benefits

A federal appellate court created a split among the circuits on whether the parent company of a self-insuring coal mine operator can be held liable for black lung benefits owed…




ed

Group Sets Date for Medical, Comp Fraud Conference

The National Insurance Crime Bureau has set its Workers’ Compensation and Medical Investigations Conference for Oct. 1-4 in Chicago. The event's goal is to provide training and networking for insurance professionals, including…




ed

Federal Court Rejects Employer's Petition for Review of Black Lung Award to Widow

A federal appellate court rejected an employer’s petition for review of black lung benefits to a miner’s widow. Case: Harman Mining Corp. v. Bartley, No. 22-2283, 08/20/2024, unpublished. Facts: Jerry W. Bartley…




ed

DOL Orders Compensation for Workers Fired Over Safety Concerns, Misclassified as Contractors

The U.S. Labor Department said it received more than $350,000 in back wages for workers at a Michigan construction company who were misclassified as contractors and for a truck driver…




ed

CompIQ, Bardavon Launch Automated Referral Process

CompIQ Solutions and Bardavon announced a partnership to create an automated referral process for injured workers who need specialized care. The companies said they were integrating CompIQ’s IQSymphony claims portal with…




ed

Senate Committee Passes Bill to Increase Provider Options for Federal Workers

The U.S. Senate Homeland Security and Government Affairs Committee passed a bill that would authorize physician assistants and nurse practitioners to treat injured federal workers. The committee on Wednesday voted 12-3…




ed

Enlyte Launches Physical Medicine Network

Enlyte on Thursday announced the launch of Apricus Physical Medicine, a network for rehabilitation services, including occupational therapy and physical therapy. Enlyte said its specialty network brand will provide injured workers…




ed

Rail Company Owes $453,510 to Workers Fired Over Safety Concerns

A federal judge ordered CSX Transportation Inc. to pay $453,510 to two railroad workers who were fired after raising workplace safety concerns in 2017. The judge also ordered the company to…




ed

NCCI: Temperature, Precipitation Linked to Frequency

Frequency increases modestly but consistently as temperatures climb, according to a study by the National Council on Compensation Insurance. NCCI said that starting around 50 degrees, there is about a 1%…




ed

NCCI: Medical Inflation Softens in 3rd Quarter

The National Council on Compensation Insurance said that after several years of ignoring broader economic patterns, medical inflation in the third quarter followed the softening trend in overall inflation. The softening…




ed

Supreme Court Suspends Attorney Who Mishandled Comp Cases

The Iowa Supreme Court on Friday suspended the license of a Des Moines-area sole practitioner with a long history of discipline involving the mishandling of two workers’ compensation matters. The court…




ed

Employers Required to Use Revised Work Comp Notice Poster in September

The Massachusetts Department of Industrial Accidents announced that employers must use and display a revised employee notice form, starting Sept. 16. Employers are required to fill out the posters by providing…




ed

Worker Can't Sue Over Accident Caused by Colleague in Parking Lot

The Massachusetts Appeals Court upheld the summary dismissal of a worker’s civil suit against his employer and a colleague who had accidentally struck him with a truck while he was…




ed

Contractor Fined for Safety Violations That Caused Worker's Death

Federal workplace safety investigators fined a Massachusetts waterproofing contractor $283,115 for safety violations they say led to a worker's death. Gerceir Osvaldo DeFaria, 51, was killed in February 2024 when part…